Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Manju Devi was arrested on 1 November 2025 in connection with a case under Section 143(4) of the Bihar Narcotic Substances Act, 2023, alleging she and a co‑accused lured a child for sale. She applied for bail, claiming innocence and that the FIR was fabricated, while the prosecution relied on a victim’s statement recorded under Section 183 of the Bihar Narcotic Substances Act, 2023, and alleged a confession and prior criminal antecedent. The court examined the seriousness of the offence, the alleged confession, and the petitioner’s custody since November 2025. Weighing the arguments, the court granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was conditioned on compliance, with provision for cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 143(4) of the BNS, 2023 despite alleged confession and prior criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 143(4), 183
Subjects
- bail
- criminal procedure
- Section 143(4)
- Section 183
- confession
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6405 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Manju Devi Wife of Krishna Chauhan Resident of Village- Mahmmadpur
Beldaria, Ps- Asthawan, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr. Arvind Kumar Sinha, learned counsel for
the petitioner and Mr. Mohammad Sufyan, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.11.2025 in connection with Ashthawan P.S. Case No. 369 of
2025, F.I.R. dated 31.10.2025 for the offences punishable under
Section 143(4) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with another co-accused have enticed away the grand daughter
of the informant in order to sold her.
4. Learned counsel for the petitioner submits that
petitioner is innocent and she has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.6405 of 2026(3) dt.23-03-2026
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alleged in the FIR. The informant is not the eye witness of the
alleged occurrence. The petitioner is in custody since
01.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim was recorded under
Section 183 of the BNSS, 2023 in which the victim has stated
the involvement of the petitioner in the present occurrence and
the petitioner has also confessed his guilt in the present crime in
question. Apart from the aforesaid, the petitioner carries one
criminal antecedent other than the present one but fairly submits
that she is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Biharsharif at Patna in connection with
Ashthawan P.S. Case No. 369 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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